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HD 2300

An Act in relation to prohibiting price gouging with respect to goods, services and supplies during a declared public health emergency

194th Legislature (2025-2026) Introduced by Alyson Sullivan-Almeida

The bill bans price gouging on essential goods and supplies during a declared public health emergency, with a 15% cap plus cost-based defenses and penalties.

Senate concurred
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Bill Summary · HD 2300

Summary: HD 2300 — An Act in relation to prohibiting price gouging during a declared public health emergency

Overview

HD 2300, introduced February 27, 2025 by Representative Alyson M. Sullivan-Almeida (House Docket No. 469), proposes a new prohibition on price gouging for certain goods, services, and supplies during a declared public health emergency in Massachusetts. The bill has advanced to Senate concurrence, with actions noted on the 2025-2026 legislative session calendar.

Purpose and intent

  • To protect consumers from unconscionably excessive pricing of essential goods and related services during public health emergencies (PHEs).
  • To define what qualifies as price gouging and establish enforcement mechanisms, including civil penalties and potential order to cease unlawful conduct.

Key provisions

Definitions

  • Public Health Emergency: A period when either the Governor or the President has declared a State of Emergency related to health and safety of MA residents (or a portion thereof).
  • Goods, services and supplies: Items used for care, cure, mitigation, treatment, or prevention of illness or disease. Includes, but is not limited to, bandages, disinfectants, gauze, hand sanitizer, antibiotics, masks, gloves, tissues, over-the-counter medications, and other goods identified in emergency regulations issued by the Massachusetts Department of Public Health (DOH) during a PHE.

Prohibition on price gouging

  • No service provider, manufacturer, supplier, wholesaler, distributor, or retail seller may sell or offer to sell such goods/services/supplies at an unconscionably excessive price during a PHE.

Price threshold and defenses

  • A price is not considered unconscionably excessive if it is 15% or less above the price charged immediately prior to the PHE.
  • Defendants may rebut a prima facie case by showing that additional costs not within their control caused the price to exceed the 15% threshold.

Enforcement and penalties

  • The Attorney General or a District Attorney may, in the name of the people, seek an order in the Superior Court (in the judicial district where violations occurred) with five days’ notice, to enjoin unlawful acts.
  • Civil penalties may be assessed up to $25,000 per violation, plus forfeiture of amounts related to any transaction found to be at an unconscionably excessive price.

Effect and scope

  • The act takes effect immediately upon enactment.
  • Applies during declared public health emergencies as defined above.

Who is affected

  • Major players across the supply chain for the defined goods and services: manufacturers, suppliers, wholesalers, distributors, and retailers, as well as service providers engaged in the sale of these goods during a PHE in Massachusetts.

Legislative status and timeline

  • Introduced: February 27, 2025.
  • Referred to: Committee on Consumer Protection and Professional Licensure (February 27, 2025).
  • Senate concurrence status: Concurred (as of latest actions). This indicates alignment between the House and Senate on the bill’s general terms, pending final enactment.

Notable notes

  • The bill references a similar measure filed in a prior session (House No. 396 of 2023-2024), indicating ongoing legislative interest in price gouging protections during emergencies.
  • The 15% cap provides a clear threshold but allows for cost-based defenses, recognizing potential cost fluctuations outside a seller’s control.

Compiled from official sources — confirm details with the bill’s official record.

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